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    darkesthours's Avatar
    darkesthours Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 20, 2008, 10:27 PM
    I Would Appreciate Family Law Advice
    Hello all! I'm seeking family law advice! Hope all are doing well! Im the second to the youngest of 7 children. Parents deceased over 5 years. I have a question on a residential trust and the executor of the estate! My eldest brother (executor) has failed to pay the taxes for a portion of years past. The family residence was left in a trust to my other brother who has nevera special condition w/o any government assistence or diagnosis. The will specified he pay the taxes, and insurance of said residence. My brother has paid these demands to the Executor and the Executor has failed to promptly pay the taxes and is in default. What rights does my IN Trust brother have and what can be done to my brother the Executor? Obviously the Executor is not in any speaking terms with rest of the family and does not inform the rest of the family of the on going estate process or taxes.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #2

    Mar 20, 2008, 11:25 PM
    Question re-titled from "Introductions" to "I Would Appreciate Family Law Advice" and moved from the Introductions topic area to a more appropriate topic area in order to get the most exposure to those best able to answer the question. The Introductions topic area is for introductions only and not questions. Thank you and WELCOME to the site, darkesthours! I'm sure that someone who is knowledgeable about the subject about which you are inquiring will be along to answer your question
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #3

    Mar 21, 2008, 07:08 AM
    Quote Originally Posted by darkesthours
    Hello all! I'm seeking family law advice! Hope all are doing well! Im the second to the youngest of 7 children. Parents deceased over 5 years. I have a question on a residential trust and the executor of the estate! My eldest brother (executor) has failed to pay the taxes for a portion of years past. The family residence was left in a trust to my other brother who has nevera special condition w/o any government assistence or diagnosis. The will specified he pay the taxes, and insurance of said residence. My brother has paid these demands to the Executor and the Executor has failed to promptly pay the taxes and is in default. What rights does my IN Trust brother have and what can be done to my brother the Executor? Obviously the Executor is not in any speaking terms with rest of the family and does not inform the rest of the family of the on going estate process or taxes.
    Your going to need a lawyer for this one. If the executor isn't following the instructions and has been given monies for the taxes and didn't pay them then he can be removed by a court for failing to adhere to the trust. If the house is in default then the money needs to be paid again to bring it up to date or the house can be sold for back taxes. To recover the monies that weren't paid that is a separate lawsuit between the 2 parties. You must consult a lawyer for all this as your local laws will have to be followed closely.

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